Lafayette Domestic Violence Lawyer
 

It’s an unfortunate reality that there are troubled relationships. It’s a tragedy when that trouble turns violent. But it is no less tragic when someone is falsely accused of a crime that is rightly seen as a scourge on our society. A Lafayette domestic violence lawyer is the one who must believe in their client, even if no one else will. The defendant’s freedom, reputation and relationship with extended family can be at stake in these cases and that defendant deserves a vigorous defense.
 

The Law Office of J. Bradley Cockrell has built a track record of success going back to 1993. We take on hard cases. We advocate for defendants and their rights. We’re proud to fight on behalf of the English, Spanish and French-speaking communities here in Lafayette. Call us today at (337) 448-4777 or fill out our online contact form to set up a consultation.
 

What Is Domestic Violence in Louisiana?
 

It may be helpful to step back and first consider what domestic violence actually is according to the law. Crimes like assault, battery, and other violent crimes are offenses regardless of who the victim is. What makes domestic violence is unique is the relationship the victim had with the defendant .
 

Louisiana law defines domestic violence as one where the victim was any of the following in relation to the defendant…

• A spouse
• A former spouse
• A family member
•  Living under the same roof
•  A romantic partner
• A former romantic partner
•  The child or stepchild of the defendant
• A parent of the defendant
• Any relative by blood or adoption
   

In any of these circumstances, prosecutors can make a domestic violence charge. This has implications in sentencing.
 

Penalties for Domestic Violence in Louisiana
 

The penalties for domestic violence will be impacted by the specific crime involved, but battery–the act of physically striking another person–is a common charge. Sentencing in Louisiana for domestic battery goes as follows…

• The first conviction means a minimum jail sentence of 30 days and potentially six months behind bars. There will also be a fine of at least $300 and perhaps as much as $1,000.
• For a second conviction, the jail stretch can run anywhere from 60 days to a year and the fine will fall between $750 and $1,000 .
• To this point, the offenses are still considered misdemeanors. On the third conviction, felony guidelines apply. A convicted defendant will face a mandatory minimum of 1 year in jail and could be imprisoned as long as 5 years.

Furthermore, domestic violence has provisions for enhanced sentencing depending on the circumstances. If a child 13 years old or younger was present during the crime, a misdemeanor can turn into a felony and the jail sentence can be up to 3 years. If the victim was a pregnant woman and the defendant knew of the pregnancy, a misdemeanor can be upgraded to a felony. Strangulation or burning takes misdemeanor domestic violence and enhances it into a felony. If the injuries suffered by the victim are deemed serious, a convicted defendant might spend 8 years behind bars.
 

Regardless of the sentence, defendants convicted of domestic violence lose their rights to possess firearms under both federal and state laws. Illegal possession of a firearm under these circumstances could result in a 20-year prison stretch.
 

All of which is to say the consequences are serious. But our Lafayette domestic violence attorney is here to find hope and a path forward.
 

The Law Office of J. Bradley Cockrell understands the myriad of possible defense strategies that can be used, and we spare no effort in pursuing those strategies. Call today at (337) 448-4777 or contact us online to set up a consultation.

Defenses Against Domestic Violence
 

The burden of proof lies with the prosecution to show guilt, not the defendant to prove their innocence. All legal defenses can start right here. Every domestic violence case will be different, but some possible scenarios include the following…

• The defendant was acting in self-defense
• There was a misinterpretation of intent. This can be particularly useful in assault cases. Assault does not refer to the actual striking of a person, but to acting in a way that a reasonable person would feel threatened by. Were a defendant’s words or actions simply misconstrued?
• The defendant was not at the scene of the crime when the alleged incident took place.
   

Those are just a few examples. Our experienced Lafayette domestic violence lawyer understands how to investigate a case, what questions to ask and what information to look for, in the interests of mounting a zealous defense on behalf of the client.

Don’t Gamble On Your Attorney

The Law Office of J. Bradley Cockrell has been fighting for defendants since 1993. We know what we’re doing. Just as important, prosecutors know that we know what we’re doing. That we won’t let our clients be rolled into a bad plea deal and that we are more than ready to stand in front of a jury and make our case. Call today at (337) 448-4777 or contact us online to set up a consultation.